REPORT TITLE:
Repeal and Reenactment


DESCRIPTION:
Adds reenactment language to laws that were amended, and will be
inadvertently repealed, by laws establishing the expedited
sentencing program and amending the crime victim compensation
special fund.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2021 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO ACT 316, SESSION LAWS OF HAWAII 1993, AS AMENDED BY
   ACT 157, SESSION LAWS OF HAWAII 1995; AND TO ACT 278,
   SESSION LAWS OF HAWAII 1999.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to add reenactment
 
 2 language to laws that were amended, and are in danger of being
 
 3 inadvertently repealed, by laws establishing the expedited
 
 4 sentencing program and amending the crime victim compensation
 
 5 special fund.
 
 6                              PART I
 
 7      SECTION 2.  Act 316, Session Laws of Hawaii 1993, enacted a
 
 8 new section relating to the expedited sentencing program, which
 
 9 was subsequently codified as section 706-606.3, Hawaii Revised
 
10 Statutes, and made conforming amendments to sections 706-621 and
 
11 706-623, Hawaii Revised Statutes.  Section 6 of that Act provided
 
12 a sunset date of June 30, 1995.  Section 1 of Act 157, Session
 
13 Laws of Hawaii 1995, extended that sunset date from June 30,
 
14 1995, to June 30, 2001.
 
15      However, Act 157 did not make any provision for the
 
16 disposition of sections 706-621 and 706-623 upon the repeal of
 
17 Act 316.  While section 706-606.3 will be repealed by operation
 
18 of law on June 30, 2001, sections 706-621 and 706-623 will also
 
19 be repealed in their entirety on the same date.  It appears,
 

 
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 1 however that the intent of the legislature was simply to repeal
 
 2 the references in those sections to the soon to be obsolete
 
 3 expedited sentencing program, rather than those entire sections.
 
 4      Accordingly, the purpose of this part is to amend the
 
 5 Session Laws of Hawaii to remove this ambiguity by adding
 
 6 reenactment language to ensure that sections 706-621 and 706-623
 
 7 survive the 2001 repeal date in the form in which they read
 
 8 before the enactment of the law that enacted the expedited
 
 9 sentencing program.
 
10      SECTION 3.  Section 6 of Act 316, Session Laws of Hawaii
 
11 1993, as amended by section 1 of Act 157, Session Laws of Hawaii
 
12 1995, is amended to read as follows:
 
13      "SECTION 6.  This Act shall take effect upon its approval
 
14 and shall be repealed on June 30, 2001[.]; provided that:
 
15      (1)  On the repeal of this Act, sections 706-621 and 706-
 
16           623, Hawaii Revised Statutes, are reenacted in the form
 
17           in which they read on June 20, 1993; and
 
18      (2)  The amendments made to section 706-623, Hawaii Revised
 
19           Statutes, by Act 229, Session Laws of Hawaii 1994,
 
20           section 2, and Act 172, Session Laws of Hawaii 1998,
 
21           section 7, shall not be repealed."
 
22                              PART II
 
23      SECTION 4.  Section 4 of Act 278, Session Laws of Hawaii
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 1999, amended section 351-62.5(d), Hawaii Revised Statutes,
 
 2 relating to the crime victim compensation special fund.  However,
 
 3 section 7 of that Act repeals that subsection on July 1, 2001.
 
 4 The apparent legislative intent, however, is not to repeal that
 
 5 entire subsection, but rather only the amendments made to that
 
 6 subsection by Act 278.
 
 7      Accordingly, the purpose of this part is to amend the
 
 8 Session Laws of Hawaii to remove this ambiguity by adding
 
 9 reenactment language to ensure that section 351-62.5(d), Hawaii
 
10 Revised Statutes, survives the 2001 repeal date in the form in
 
11 which it read before its amendment in 1999.
 
12      SECTION 5.  Section 7 of Act 278, Session Laws of Hawaii
 
13 1999, is amended to read as follows:
 
14      "SECTION 7.  This Act shall take effect upon its approval;
 
15 provided that:
 
16      (1)  Section 4 of this Act shall take effect on July 1,
 
17           1999, and shall be repealed on July 1, 2001; and
 
18      (2)  Upon the repeal of section 4 of this Act, section
 
19           351-62.5(d), Hawaii Revised Statutes, is reenacted in
 
20           the form in which it read on June 30, 1999."
 
21                             PART III
 
22      SECTION 6.  If any provision of this Act, or the application
 
23 thereof to any person or circumstance is held invalid, the
 

 
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 1 invalidity does not affect other provisions or applications of
 
 2 the Act which can be given effect without the invalid provision
 
 3 or application, and to this end the provisions of this Act are
 
 4 severable.
 
 5      SECTION 7.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 8.  This Act shall take effect upon its approval.
 
 8 
 
 9                              INTRODUCED BY:______________________